Local Government (Wales) Measure 2011

PART 2 OTHER PROVISIONS APPLICABLE WHERE REFERENDUM REQUIRED

Outline fall-back proposals in case referendum rejects change

9 (1) This paragraph applies to a local authority if the proposed form of executive is a mayor and cabinet executive (and accordingly is subject to approval in a referendum).

(2) The local authority must draw up, and approve by resolution, an outline of the fall-back proposals (“outline fall-back proposals”) that it intends to implement if the proposals to change to a mayor and cabinet executive are rejected in the referendum.

(3) Fall-back proposals are proposals for making a change to executive arrangements that provide for a leader and cabinet executive (Wales).

(4) Paragraph 2(2) applies to the outline fall-back proposals as it applies to proposals under that paragraph.

(5) The outline fall-back proposals must include a timetable with respect to the implementation (in accordance with paragraph 11) of detailed fall-back proposals in the event that the change to the mayor and cabinet executive is not approved in the referendum.

(6) The local authority must comply with sub-paragraph (2) at the time it complies with paragraph 2(1).

(7) The local authority must send the Welsh Ministers a copy of the outline fall-back proposals that it has approved.

(8) The local authority must comply with sub-paragraph (7) at the time it complies with paragraph 2(3).

Action if referendum rejects change

10 (1) This paragraph applies to a local authority if—

(a) the proposed form of executive is a mayor and cabinet executive, and

(b) is not approved in the referendum on the change to that form of executive.

(2) The local authority must publish a notice which—

(a) summarises the local authority’s proposals which were the subject of the referendum,

(b) states that a referendum on the local authority’s proposals rejected those proposals,

(c) sets out the local authority’s outline fall-back proposals, and

(d) states that, under the outline fall-back proposals, the local authority intends to operate a leader and cabinet executive (Wales).

(3) The local authority must comply with sub-paragraph (2) as soon as practicable after the referendum.

(4) The local authority must draw up, and approve by resolution, detailed fall-back proposals which are based on the outline fall-back proposals.

(5) Paragraphs 2(2), 3 and 7(2) and (3) apply to the detailed fall-back proposals as they apply to proposals under paragraph 2.

(6) The local authority must send a copy of the detailed fall-back proposals to the Welsh Ministers.

(7) The local authority must comply with sub-paragraph (6) within the period of two months beginning with day of the referendum.

Timetable for implementation of detailed fall-back proposals

11 The timetable with respect to the implementation of the detailed fall-back proposals must be such as to secure that the local authority makes the change to the leader and cabinet executive (Wales) no later than the end of the period of six months beginning with the day on which the local authority sends the Welsh Ministers the copy of the proposals.

Implementing detailed fall-back proposals

12 The local authority must implement its detailed fall-back proposals in accordance with the timetable included in the proposals.